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New York
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July 28, 2025
Fiserv Misled Investors On Platform Growth, Suit Says
Fiserv has been hit with a proposed shareholder class action in New York federal court accusing the payment processing technology company of artificially inflating its growth numbers through the forced migration of customers from its older platform to a newer, more expensive system.
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July 28, 2025
DraftKings Escapes Class Action Over $1,000 Bonus Promo
A Brooklyn federal judge dismissed a proposed class action targeting a DraftKings promotion promising $1,000 in bonus funds for new customers, finding Monday that the online betting giant properly explained that the funds were subject to specific requirements.
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July 28, 2025
Co-Owner Of Georgia Aparments Files Ch. 11 With $25M Debt
MMRE Management-Patriot Place LLC — the minority owner of an apartment complex in Georgia — has sought Chapter 11 protection in a New York bankruptcy court, saying it purchased the property at an inflated price and the apartments have faced mismanagement and foreclosure.
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July 28, 2025
Cannabis Shop Applicant Sues NY Regulators Over Delays
A company that applied for a cannabis retail license in New York has sued regulators in state court, alleging unreasonable delays in processing the company's application.
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July 28, 2025
Judge OKs $18.5M Johns Hopkins Deal, Sets Aid Fixing Trial
An Illinois federal judge has set a November 2026 trial date in a sprawling antitrust case accusing elite universities and colleges of fixing financial aid offerings, saying Monday that he wanted the target date in mind given that the trial is likely to last multiple weeks.
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July 28, 2025
DOJ Probes NewYork-Presbyterian Over Antitrust Allegations
The U.S. Department of Justice has opened an investigation into NewYork-Presbyterian Healthcare System for allegedly violating antitrust laws by cutting deals with insurance companies that have led to rising healthcare costs, according to a subpoena viewed by Law360.
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July 28, 2025
Peloton Looks To Snuff Out Investors' Recall Suit Again
Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.
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July 28, 2025
Dorsey & Whitney Adds Ex-Cozen O'Connor Team In NY
Dorsey & Whitney LLP is continuing to build out its commercial litigation team, announcing Monday that it has hired four New York-based attorneys who most recently worked together at Cozen O'Connor.
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July 28, 2025
State Justices' Financial Disclosures 'Didn't Get Worse' In '24
Several states are making information about their Supreme Court justices' finances and potential financial conflicts somewhat more accessible, according to a new report.
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July 28, 2025
9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton
The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.
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July 28, 2025
Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals
A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 25, 2025
Social Media Cos. Score Toss Of 2022 Mass Shooting Suit
A divided New York state appeals court on Friday dismissed a lawsuit that sought to hold Meta, Google and other social media companies liable for a fatal 2022 mass shooting that targeted Black people in Buffalo, New York, saying federal law shielded the companies from liability for the shooter's acts.
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July 25, 2025
Pullman & Comley Didn't Flag 'Falsified' $16M Loan, Suit Says
Pullman & Comley LLC didn't discover that the executive director of a Connecticut municipal housing authority had allegedly forged a connected company's $16.2 million loan application before penning a letter claiming the deal appeared solid, the lender, who was not a client, has alleged in a lawsuit.
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July 25, 2025
Real Estate Recap: Private REITs, Farms, Crypto In Escrow?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.
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July 25, 2025
Law Firm Can't Reshape Retrial In $26M Malpractice Case
A Brooklyn federal judge refused to change the parameters of upcoming retrial proceedings that could put Wachtel Missry LLP on the hook for a much greater share of a $26 million verdict for a former partner's alleged financial exploitation of an elderly client.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
Reviewing Stewart's Latest Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued just eight discretionary denial decisions over the last week, including one that addressed arguments tying in the Biologics Price Competition and Innovation Act for the first time.
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July 25, 2025
Protest Of $32M VA Phone Deal Gets Disconnected At GAO
A Massachusetts telecommunications company that protested a $32.7 million task order that the Department of Veterans Affairs awarded for phone replacement services failed to show any basis to revisit the award, the U.S. Government Accountability Office has decided.
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July 25, 2025
NY Court Sides With Junior Investors In RMBS Trust Dispute
A New York state court resolved a dispute between bondholders in 34 residential mortgage-backed securities trusts about how to handle repayment of principal amounts deferred during the 2008 financial crisis, siding with junior bondholders after a 17-day bench trial.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Chase, Other Banks To Pay $3.75M To End Crypto Ponzi Suit
JPMorgan Chase and other financial firms have agreed to pay a combined $3.75 million to settle claims they helped funnel investor cash into a cryptocurrency-linked Ponzi scheme run by a man who was slapped with a $231 million court judgment last year over the fraud.
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July 25, 2025
Fed. Circ. Punts $17M Drug Arbitration Case To 2nd Circ.
The Federal Circuit said Friday it lacked jurisdiction over a dispute over a $16.6 million arbitral award between two drugmakers, ruling that because it was being asked to consider an arbitration issue and not a patent law issue, the Second Circuit must hear the case.
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July 25, 2025
Florida Court Blasts NY Judge's 'Shell Game' To Revive Suit
A Florida federal judge rejected a New York federal judge's two-paragraph request to revive his defamation suit against former members of a condominium board in a feud over renovations, finding that the New York judge's move to submit the brief himself while having legal counsel makes it look as if the two are "playing a kind of shell game."
Expert Analysis
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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AG Watch: Letitia James' Major Influence On Federal Litigation
While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Employer Tips For Navigating Cultural Flashpoints Litigation
A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.
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NY Tax Talk: Sourcing, Retroactivity, Information Services
Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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How Trump Energy Order May Challenge State Climate Efforts
Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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2nd Circ. Ruling May Aid Consistent Interpretation Of ADA
In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.